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In this case, apportion to the grandfather is 13 in accordance with the principle mentioned earlier that he can opt for either 13 or for an outright division of the
inheritance whichever is favourable to him. In this situation, 13 and outright division of the inheritance has the same effect on him since he is to be treated like a German brother
and the inheritance is divided among three. But after the grandfather takes the share, the share of the consanguine brother is taken by the German brother.
Note: if the grandfather survives with the uterine brothers and sisters, the latter shall be excluded because their inheritance is only possible in kalala, meaning there is
no available ascendants and descendants of the decedent. It must be also noted that Ge
rman brother’s sons and consanguine brother’s son cannot inherit with the grandfather.
285
5.3.3 AL-AKDARIYAH TROUBLESOME CASE
The Muslim Code of the Philippines does not provide the rule regarding the succession by Al - Akdariyah. However, by virtue of its Applicability clause, Article 187,
The Muslim Law may be applied in suppletory manner. This case originated with a woman from the descendants of Akdar. Hence it is
named “Al – Akdariya”. It has been said that her case troubled the school of thought of Zayid Bin Thabit. It becomes therefore a special case because it has deviated from well-
established principle. Hence the case is called Al – Akdariyyah but many others had other
names for that.
286
285
Al – Sabbuni, Op. Cit., p. 103
286
Alauya, Op. Cit., p. 70
217
For clarity, take the case of a woman who dies leaving her Husband, Mother, Grandfather and German Sister. According to the previous school of thought of Zaid Bin
Thabit, the German Sister is excluded because the Husband takes half, the Mother receives one third and the residue which is one sixth is the share of the Grandfather. It is
not possible for the German Sister to share with the Grandfather in the one – sixth
because it is invalid to reduce the prescribed share of the Grandfather under this situation. What is possible is to exclude the German Sister in accordance with the previous
principle. This is also the school of thought of Imam Abu Hanifa and Imam Ahmad Bin Hanbal, Allah likes them both.
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See table below.
Table 153: Distribution of Shares of AL – AKDARIYAH CASE
CASE NO. 1 By Basic Computation
A woman dies leaving her husband, Mother, Grandfather and German Sister Heirs
Shares Root of the
Problem Portions
Husband 12
6 3
Mother 13
2 Grandfather
16 1
German Sister Excluded
NO SHARE
However, This is not acceptable according to most Jurists because full sister cannot be excluded by husband, mother or grandfather. For this reason, the problem is
referred to as “troublesome.”
288
But Zaid Bin Thabit deviated from the established principle and prescribed in this case a share of one
– half for the German Sister and increased the divisor from six to nine and thereafter added a portion of the German sister to the portion of grandfather and
287
Ibid.
288
Muhammad, Op. Cit., p. 96
218
divided the combined portion to them at a ratio that the share of one man is equal to shares of two women. By way of correcting it, the divisor is increased to 27. The husband
then takes 9, the mother takes 6, the grandfather takes 8 and the German Sister takes 4. This is adopted by Imam Al
– Shafi’i and Imam Malik as their school of thought.
289
See table below.
Table 154: Distribution of Shares of AL – AKDARIYAH CASE
CASE NO. 2 By Special Computation
A woman dies leaving her husband, Mother, Grandfather and German Sister Heirs
Shares Root of the
Problem Portion
s New ROP
9 x 3 = 27 New
Portion Husband
12 6
3 3
9 Mother
13 2
2 6
Grandfather 16
1 4
12 8
German Sister 12
3 4
The original Divisor is 6 increased to 9 and corrected to 27. In this case, Grandfather acts as a full brother, so he takes twice the portion of full sister.
Moreover, Consanguine sister may replace a full sister and the rule of Akdariyya will still be valid
This was how the problem was solved by Zaid ibn Thabit, the most knowledgeable companion of the Holy Prophet peace be upon him in the Science of
Inheritance. May Allah be pleased with them all. Ameen.
5.3.5 AL-HIMARIYYAH CASE: FULL BROTHER AND UTERINE
